Date

22 Apr 2010

Sections

InfoSociety

BRUSSELS – ETNO is pleased that widespread concerns over the lack of transparency of the ACTA negotiation process have finally been heard and the documents have now been released. Nonetheless, concerns remain over certain provisions.

"We welcome the fact that the negotiators have acknowledged the need for transparency after two years of negotiations and hope this will be the case until the conclusion of the negotiations. However, concerns over substance remain”, said Michael Bartholomew, ETNO Director.

ETNO notes that certain provisions have been changed with regards to the three strike approach.

Problems remain regarding liability provisions and the EU acquis. The scope of criminal sanctions would expand beyond the existing EU legal framework which is limited to infringement activities of a commercial nature. Similarly, the liability provisions under the technical measures chapter are in contradiction with the “mere conduit” principle established by the EU e-Commerce Directive.

ETNO reiterates the key concern expressed by all stakeholders, including civil society, that this international treaty should be fully in line with the balanced EU legal framework which provides for the enforcement of property rights while at the same time guarantees citizens’ rights and privacy. ETNO calls on the EU negotiators to ensure that the ACTA process fully respects the EU Acquis.

“ETNO will continue to closely analyse the legal complexities of the new text and hopes for precise and constructive dialogue with the Commission and its representatives at the ACTA discussions", added Bartholomew.